Germany Work Permit Under § 19c in conjunction with § 26 BeschV

Overview

Section 26 of the Employment Ordinance (Beschäftigungsverordnung – BeschV) covers the employment of nationals of certain States. Unlike other BeschV provisions that apply across nationalities or occupations, § 26 BeschV is a nationality-based rule: it opens up the German labour market to citizens of specific countries, irrespective of whether their qualifications would otherwise meet the skilled worker requirements.

In conjunction with the general clause in § 19c Aufenthaltsgesetz (AufenthG), § 26 BeschV allows the immigration office to issue a work permit to eligible nationals.

Legal Basis

The permit is issued as § 19c Abs. 1 AufenthG in conjunction with § 26 BeschV. The general conditions of § 5 AufenthG apply per usual. The Federal Employment Agency (Bundesagentur für Arbeit) must give its approval before the permit can be issued.

Countries Covered

§ 26 BeschV applies to nationals of specific States. The two main categories are:

§ 26 Abs. 1 BeschV — Bilateral agreement States: Nationals of States with which Germany or the European Union has concluded specific bilateral agreements on employment admission may fall within the scope of § 26 BeschV, where those agreements expressly authorise employment on this basis. Specifically, this applies to nationals of Andorra, Australia, Canada, Israel, Japan, Monaco, New Zealand, San Marino, South Korea, the United Kingdom, and the United States.
§ 26 Abs. 2 BeschV — Western Balkans States: Albania, Bosnia-Herzegovina, Kosovo, Montenegro, North Macedonia, and Serbia. This is known as the Western Balkans Regulation (Westbalkanregelung), introduced in 2016 and extended through subsequent legislative periods.

The nationality-based approach is central to this immigration path: it is the applicant's citizenship, not their occupation or qualification, that determines eligibility.

The Regulation in Practice

The regulation under § 26 BeschV is one of the most practically significant immigration routes in Germany for certain non-EU nationals. Its defining feature is that it does not require the applicant to hold formally recognised professional qualifications. Nationals of the listed States may take up any employment that is subject to social insurance contributions (sozialversicherungspflichtig), regardless of sector or skill level.

There is also no priority review (Vorrangprüfung): the employer is not required to demonstrate that no suitable German or EU candidate was available for the position. This significantly simplifies the process compared with routes that require a full labour market test. The Federal Employment Agency does conduct a salary check to ensure pay is in line with standards.

Regarding the West Balkan Regulation, the main practical constraint is an annual quota. The Federal Employment Agency administers a limited number of places per year under the Regulation. Once that quota is reached, new applications are deferred to the following quota period. Demand has consistently been high, and early application is strongly advisable.

Core Requirements

For a permit under § 19c AufenthG in conjunction with § 26 BeschV, the key conditions are:

Nationality from one of the privileged States
A job offer from a German employer specifying the role, remuneration, and duration
Employment that is subject to social insurance contributions
Remuneration at least at the applicable average wage or collective agreement rate for the sector
Prior approval (Zustimmung) from the Bundesagentur für Arbeit, including, if applicable, quota availability
Valid passport, health insurance, and adequate means of subsistence

No formal qualification recognition is required. The employer does not need to demonstrate that no domestic or EU candidate was available for the role.

Bundesagentur für Arbeit Involvement

The Federal Employment Agency’s approval is mandatory for all § 26 BeschV applications. To complete the approval procedure (Zustimmungsverfahren), details of the job offer, remuneration, and working conditions must be submitted. The Agency verifies that employment conditions comply with applicable standards and, if applicable, whether the quota has not yet been met for the relevant period.

Processing times vary depending on application volumes and quota availability. The immigration office cannot issue the permit until the Federal Employment Agency has granted its approval.

Documents Required (non-exhaustive)

Standard documentation for a § 19c / § 26 BeschV application includes:

Valid national passport and biometric photograph
Employment contract specifying the role, duration, and remuneration
Bundesagentur für Arbeit consent (Zustimmung)
Health insurance certificate
Proof of accommodation in Germany

Frequently Asked Questions

Do I need a formally recognised qualification to apply under § 26 BeschV?

No. No professional qualifications or formal recognition are required. The route is open to any national of a specified State with a job offer, regardless of education or professional background.

Is there a restriction on which sector or type of job I can take?

No sector or occupation restriction applies under § 26 BeschV, provided the position is subject to social insurance contributions. Both skilled and unskilled roles qualify.

Is there an annual limit on the number of permits issued?

Yes, for those nationals who fall under the West Balkan Regulation. The Bundesagentur für Arbeit administers an annual quota for the Western Balkans Regulation. Demand regularly exceeds available places, so early submission is advisable. Once the quota for a given year is reached, consent will not be granted until the next quota period opens.

Can a § 19c / § 26 BeschV permit lead to permanent residence?

Time spent on a permit issued under § 19c AufenthG counts towards the qualifying period for a general settlement permit under § 9 AufenthG, provided the standard conditions — including a minimum contribution period and sufficient income — are met.

Last reviewed: August 2026 — RAin Fiona Macdonald

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